It’s easy to make vows with the one you love, but to make what you’ve promised real is not just a thing which you can simply prove by mere perpetual words. That’s what beyond ordinary love could require, but however, most couples today are only good about making promises; hence, they often end up with broken marriages.
Apparently, it’s not uncommon in the United States where marriage is just like a game in which if the rules are violated, the players clash and end it with agonies. That’s not ideal, right? Nonetheless, divorce, annulment, or legal separation is still the best option for others who can’t already take the evil of unhealthy relationship. But what does “unhealthy” signify in marriage, anyway? This is a subjective term insofar as the couples are concerned, but in law, there are objective grounds from which you can base or justify your decision to file a legal action for divorce; few of which are the following:
- Adultery – this is when your spouse had a relationship or sexual intercourse with another person, and significantly, it’s one common ground of divorce in most countries today. However, if you only suspect your spouse for such, it’s not a valid cause for the court to entertain or grant your petition for divorce; you need to have clear and convincing proofs that could prove your claim or suspicion.
- Physical Incapacity – it’s when your spouse is unable to engage in sexual intercourse, or he/she has not disclosed his or her incapacity before your marriage. In such a circumstance, the court may consider it as a valid ground to grant your petition.
- Unreasonable or Intolerable Behavior – if your spouse is a nagger, then that can be one reason for you to end your suffering from what he/she continually does to you. Of course, it’s not the only behavior that can be a ground for divorce; there are a lot of intolerable acts which you may raise in court for such purpose, but just be sure that you can rightfully justify yours; otherwise, you’ll be wasting your time.
- Cruel Treatment – a treatment becomes cruel when, for instance, your spouse is always insulting you, or inflicting physical injuries. That’s not just actually one ground for divorce, but also for physical injuries as the court may find proper when your file the matter before it.
- Drunkenness – if your spouse is very alcoholic, and “change” seems to be far from his/her plan, then that’s one ground recognized by law for the petition for annulment. It’s actually a vice that needs no further elucidation on how it is being practiced or acquired by a person, but the court requires proof from the spouse-petitioner.
Nevertheless, you should not presume that your petition for divorce will be easily granted by the court because in some states, you can hardly expect for favorable response when you have no justifiable ground for your action, or you can’t prove it properly in court. And though, some states recognized the “fault and no-fault” rule in granting the divorce, but it is still required for the spouse asking for it to state his/her reasons for doing so. Thus, proofs here are necessary for the party seeking for relief to be favored by justice.
At any rate, what’s important now is that you already know how to untie yourself from a marriage which you believe is unhealthy for you and your family. So when you’ve finally decided to end your misery with your partner, don’t ever doubt for a good life that awaits you after divorce.
Patricia Hendrickson is an Orange County Divorce Attorney and the founder of the Hendrickson and Associates, a law firm located in Southern California. By focusing solely on issues relating to family law, she is able to provide her clients with the best advice and service. Patricia is recognized as a family law expert throughout Southern California.